May 27, 2013
Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia has ruled against environmental groups attempting to force the EPA to regulate ammunition as a hazardous toxin.
In 2010, the EPA said it did not have the authority to regulate the Second Amendment.
Sullivan said that the EPA acted within its authority in denying a second petition from the Center for Biological Diversity and other environmental groups to outlaw the use of lead bullets under the 1976 Toxic Substances Control Act. The center argues that lead contained in bullets is a potent neurotoxin and poses a threat to wildlife.
The Center for Biological Diversity led a coalition of approximately 100 groups.
According to E & E Publishing News, the environmentalists waited too long to file suit after the initial 2010 lawsuit in response to the EPA’s decision not to challenge the Second Amendment.
California has outlawed lead ammunition in central and southern California where the endangered California condor lives and is considering a move to impose the ban statewide. Arizona has a voluntary ban in place.